The Paris 2024 Olympics took place from 26 July to 11 August 2024 and were marked not only by remarkable athletic achievements but also by significant arbitration disputes. The Court of Arbitration for Sport (CAS) and its temporary offices played a crucial role in resolving disputes during the Olympic games. The CAS carefully reviewed decisions and secured (at times controversial) justice in the highly competitive environment of the Olympics, involving red cards and spying drones, whether a one-minute inquiry period was respected and 100-gram weight differences.
CAS During the Paris 2024 Olympics
The CAS established two temporary offices in Paris, which operated from 16 July to 11 August 2024, both applying the CAS Ad Hoc Division procedural rules.[1]
CAS Ad Hoc Division
The CAS Ad Hoc Division addressed legal disputes that emerged during the Olympic Games. Its role consisted of providing free access to high-quality dispute resolution services while ensuring swift decisions, usually within 24 hours, for urgent cases.[2] The CAS Ad Hoc Division has been present at every Summer and Winter Olympics since 1996 and other major sports events.
CAS Anti-Doping Division
In parallel, the CAS Anti-Doping Division handled anti-doping-related matters that arose during the Games. It dealt with potential doping cases referred to it by the International Testing Agency (ITA) in accordance with the International Olympic Committee (IOC) Anti-doping Rules.[3] This Division has operated since the Rio 2016 Olympic Games.
Notable Arbitrations During the Paris 2024 Olympics
Even though the exact number remains unknown, several important arbitration cases related to the Paris Olympics have caught the public’s attention.
The Vinesh Phogat Case
Indian wrestler Vinesh Phogat was disqualified from the gold medal match in the women’s 50kg freestyle category. The problem arose when she exceeded the prescribed weight limit by 100 grams (the weight of a pair of socks) during the customary morning weigh-in.[4]
Ms Phogat’s legal team submitted an appeal to the CAS Ad Hoc Division, arguing that the 100-gram excess was negligible.[5] Additionally, it claimed that this could also be due to muscle mass increase as Phogat competed three times during the same day.[6] The CAS delayed its decision three times before dismissing Phogat’s appeal on 14 August 2024.[7] The Indian Olympic Association was shocked by the decision. It declared that it would continue seeking legal avenues to ensure that Phogat’s case receives a fair outcome.[8]
Another interesting arbitration case during the Paris 2024 Olympics was the case of the US gymnast Jordan Chiles. Chiles initially scored 13.666 in the floor exercise final, putting her in fifth place. However, after an inquiry by Chiles’ coach, Cecile Landi, regarding the difficulty of her exercise, Chiles’ score was upgraded to 13.766, moving her to third place. This adjustment downgraded Romanian gymnast Ana Barbosu to fourth place with a score of 13.7.[9] Nevertheless, Romanian officials protested, claiming that the inquiry missed the International Gymnastics Federation’s (FIG) one-minute deadline by four seconds.[10]
The CAS ruled in favour of Barbosu, reverting Chiles’ score to 13.666 and placing her fifth. Following this decision, the IOC reallocated the bronze medal to Barbosu.[11]
Chiles did not give up and submitted a letter to CAS along with a video recording. This recording showed Landi submitting the inquiry 47 seconds after the score was posted, thus adhering to the one-minute deadline. In addition, it demonstrated that Landi filed a second statement 55 seconds after the initial score posting. Chiles explained that the video was not available to her and her team during the CAS proceedings.[12] However, the CAS denied the request to reconsider the award. It noted that even though new evidence was presented, the CAS rules do not allow an arbitral award to be reconsidered.[13]
Another scandal concerning this case concerns an arbitrator making the ruling, who had represented Romania in several international arbitrations. Thus, his judgement to preside in favour of Barbosu created significant media noise,[14] raising questions about his impartiality.
Brazilian Football Case
The silver-winning Brazilian women’s football team faced a significant setback when Marta (Marta Vieira da Silva) received a two-match suspension. After she received a red card during Brazil’s first-phase match against Spain, FIFA’s disciplinary committee imposed a two-match suspension. This meant that she would not participate in quarterfinal and semifinal matches. [15]
The Brazilian Football Confederation appealed to the CAS regarding Marta’s suspension, aiming to reduce the suspension to just one match. However, the CAS rejected the appeal on 6 August 2024, confirming her two-match suspension.[16]
Canadian Football Drone Case
Another interesting case involved the Canadian women’s football team and a drone spying scandal. During New Zealand’s training session, staff noticed a drone flying over the field and notified the police about it. The drone was successfully traced to the Canadian team analyst Joseph Lombardi.[17]
This scandal caused severe consequences for the Canadian football team, including a 6-point deduction, coach suspensions and a CHF 200,000 fine.[18]
The Canadian Olympic Committee and Canada Soccer filed an appeal to the CAS. However, on 31 July 2024, the CAS dismissed Canada’s appeal and upheld FIFA’s decision.[19]
Conclusion
The arbitrations during the Paris Olympics highlight the importance of fair and transparent dispute resolution in maintaining the integrity of the Games. Arbitrations during the Paris Olympics reconfirmed the rigorous standards, although they also demonstrated potential flaws in the decision-making process.
[1] Arbitration Rules applicable to the CAS ad hoc division for the Olympic Games, available at: https://www.tas-cas.org/en/arbitration/ad-hoc-division.html.
[2] The CAS opens its temporary offices in Paris for the Olympic Games 2024, available at: https://www.tas-cas.org/en/general-information/news-detail/article/the-cas-opens-its-temporary-offices-in-paris-for-the-olympic-games-2024/.
[3] The CAS opens its temporary offices in Paris for the Olympic Games 2024, available at: https://www.tas-cas.org/en/general-information/news-detail/article/the-cas-opens-its-temporary-offices-in-paris-for-the-olympic-games-2024/.
[4] Hindustan Times, Vinesh Phogat’s CAS Hearing Verdict Live Updates, available at: https://www.hindustantimes.com/sports/olympics/vinesh-phogat-cas-hearing-verdict-live-updates-paris-olympics-2024-disqualification-joint-silver-medal-appeal-wrestling-101723434217156.html (last accessed 16 August 2024).
[5] NDTV Sport, Why Was Vinesh Phogat Case Verdict Delayed? Here’s What Lawyer Told Court (14 August 2024), available at: https://sports.ndtv.com/olympics-2024/why-was-vinesh-phogats-verdict-delayed-a-look-at-arguments-made-by-wreslters-counsel-6333632.
[6] NDTV Sport, Why Was Vinesh Phogat Case Verdict Delayed? Here’s What Lawyer Told Court (14 August 2024), available at: https://sports.ndtv.com/olympics-2024/why-was-vinesh-phogats-verdict-delayed-a-look-at-arguments-made-by-wreslters-counsel-6333632.
[7] The Times of India, Vinesh Phogat’s first post after Olympic medal plea dismissal by CAS (16 August 2024), available at: https://timesofindia.indiatimes.com/sports/paris-olympics-2024/indiaparis/vinesh-phogats-first-post-after-olympic-medal-plea-dismissal-by-cas/articleshow/112550591.cms.
[8] The Times of India, Vinesh Phogat’s first post after Olympic medal plea dismissal by CAS (16 August 2024), available at: https://timesofindia.indiatimes.com/sports/paris-olympics-2024/indiaparis/vinesh-phogats-first-post-after-olympic-medal-plea-dismissal-by-cas/articleshow/112550591.cms.
[9] BBC Sport, Chiles stripped of bronze as online abuse condemned (10 August 2024), available at: https://www.bbc.com/sport/olympics/articles/c1d73g2glr0o.
[10] NPR, Court says it won’t reconsider case that took away Jordan Chiles’ bronze medal (11 August 2024), available at: https://www.npr.org/2024/08/11/g-s1-16509/us-gymnast-jordan-chiles-bronze-medal-return.
[11] NPR, Court says it won’t reconsider case that took away Jordan Chiles’ bronze medal (11 August 2024), available at: https://www.npr.org/2024/08/11/g-s1-16509/us-gymnast-jordan-chiles-bronze-medal-return.
[12] Sportstar, Paris Olympics 2024: USA Gymnastics says arbitration panel won’t reconsider decision in Jordan Chiles medal inquiry case (13 August 2024), available at: https://sportstar.thehindu.com/olympics/paris-paralympics-2024/news/paris-olympics-2024-usa-gymnastics-says-arbitration-panel-wont-reconsider-decision-in-jordan-chiles-medal-inquiry-case/article68519285.ece.
[13] Times of India, Paris 2024: CAS won’t reconsider US gymnast Jordan Chiles’ appeal against Olympic bronze medal ruling (13 August 2024), available at: https://timesofindia.indiatimes.com/sports/paris-olympics-2024/paris-2024-us-gymnast-jordan-chiles-loses-olympic-bronze-medal-ruling-appeal/articleshow/112481289.cms.
[14] Global Arbitration Review, US furore over Gharavi Olympic ruling (14 August 2024), available at: https://globalarbitrationreview.com/article/us-furore-over-gharavi-olympic-ruling.
[15] Bein Sports, Brazil Appeals Marta’s Red Card to Let Her Play in the Semifinals (8 August 2024), available at: https://www.beinsports.com/en-us/soccer/articles-video/brazil-appeals-marta-s-red-card-to-let-her-play-in-the-semifinals-2024-08-04.
[16] Forbes, Paris Olympics 2024: CAS Reject Marta’s Appeal Against Two-Game Suspension (14 August 2024), available at: https://www.forbes.com/sites/asifburhan/2024/08/06/paris-olympics-2024-cas-reject-martas-appeal-against-two-game-suspension/.
[17] The Athletic, Canada loses Olympic drone-spying appeal as new FIFA details emerge ahead of must-win game (31 July 2024), available at: https://www.nytimes.com/athletic/5671115/2024/07/31/canada-soccer-cas-appeal-decision-olympics/.
[18] Al Jazeera, Paris Olympics 2024: Canada docked six points by FIFA over drone incident (27 July 2024), available at: https://www.aljazeera.com/sports/2024/7/27/paris-2024-olympics-canada-women-football-soccer-priestman-drone-spying-scandal.
[19] NBC Olympics, Canada women’s soccer appeal over points deduction in drone scandal dismissed (31 July 2024), available at: https://www.nbcolympics.com/news/canada-womens-soccer-appeal-over-points-deduction-drone-scandal-dismissed.
